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(영문) 서울중앙지방법원 2015.07.22 2014가합61437
소유권보존등기말소 등
Text

1. The defendant is the District Court of the Dong-gu with respect to the plaintiffs of 1,230 square meters prior to D, E, 770 square meters prior to E, and 387 square meters prior to F.

Reasons

1. Basic facts

A. The Land Survey Book prepared by the Preliminary Land Survey Bureau of the Japanese Government of the Republic of Korea with respect to the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the Japanese Government of the

B. Since then, around July 11, 1986, 605 square meters was divided into 1,230 square meters and 770 square meters before E in Yangju-gun, Yangju-gun, Gyeonggi-do, and the 117 square meters before F was converted into 387 square meters on March 27, 2006.

(2) On the other hand, around October 19, 2003, the name of the administrative district was changed to the "Yyang-gun" as the "Yyang-si."

C. After the death of the J, the property was inherited to K solely on November 23, 1918, accompanied by the inheritance of Australia. Since after the death of K on May 2, 1961, the property was jointly inherited to the wife L, ASEAN, and the Plaintiff. On March 4, 1972, the said L died and the said property was jointly inherited to M et al. and the Plaintiff.

Since then, M died on November 2, 1979, the property was jointly inherited to the plaintiff B and C, who is a child.

As to each real estate of this case, the registration of the preservation of ownership in the name of the defendant was completed on December 22, 1959 by the Government Registry of the District Court of Jung-gu as the receipt on December 22, 1959.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and 7 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. A person registered as a landowner in the Land Survey Book under the former Decree on Land Survey (Ordinance No. 13, Aug. 13, 1912, 1912) shall be presumed to have been assessed as a landowner and the circumstance becomes final and conclusive unless there is any counter-proof, such as that the content of the situation has been changed by an adjudication (see, e.g., Supreme Court en banc Decision 84Meu1773, Jun. 10, 196). The presumption power of registration of preservation of ownership is broken if it is revealed that a person other than the title holder of

(See Supreme Court Decision 94Da23524 delivered on April 28, 1995). B.

In this case.

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